Prabhu Kumar v. State of Himachal Pradesh 2026 INSC 253 - RpWD Act -Upper Disability Cap

"State cannot rely on arbitrary medical disability percentages to create an insurmountable barrier to professional entry. "

Rights of Persons with Disabilities Act, 2016 - Professional capability must be assessed on actual functional competence rather than a mere percentage of disability- State cannot rely on arbitrary medical disability percentages to create an insurmountable barrier to professional entry. (Para 32) The percentage of disability, by itself, cannot be treated as determinative of a candidate’s capability or suitability for public employment. The statutory framework under the RPwD Act, 2016 enjoins upon the State a positive obligation to ensure equal opportunity and to provide reasonable accommodation so that persons with disabilities are not excluded merely on account of their physical condition. (Para 27) [Context: In this case, Supreme Court held that appointment cannot be denied to a candidate with 90% locomotor disability by prescribing an upper disability cap of 60% in the advertisement, as this conflicted with the RPwD Act, 2016 and the constitutional guarantees of equality and equal opportunity. ]

Case Info

Extracted Case Information


Case name and neutral citation:Prabhu Kumar v. State of Himachal Pradesh & Others, 2026 INSC 253


Coram:Justice Vikram Nath and Justice Sandeep Mehta (Mehta, J. authored the judgment)


Judgment date:11 March 2026 (New Delhi)


Case laws and citations referred:

  1. V. Surendra Mohan v. State of Tamil Nadu, 2019 4 SCC 237
  2. Vikash Kumar v. U.P.S.C., 2021 5 SCC 370
  3. Union of India v. Devender Kumar Pant, (2009) 14 SCC 546
  4. Om Rathod v. Director General of Health Sciences, 2024 SCC OnLine SC 3130
  5. Anmol v. Union of India & Others, 2025 SCC OnLine SC 387
  6. Kabir Pahariya v. National Medical Commission & Others, 2025 SCC OnLine SC 1025

Statutes / laws referred:


The judgment primarily interprets the Rights of Persons with Disabilities Act, 2016 (RPwD Act, 2016), including:

  • Section 2(r) – definition of “person with benchmark disability”
  • Section 33 – identification of posts for reservation